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Questions tagged [supreme-court]

In most instances is the highest court in a country and isn't always called as such - for example, the High Court of Australia. If the country has multiple supreme courts, specify which one in your question. Please also tag questions with the relevant country.

1 vote
1 answer
101 views

Could Biden's supreme court reform ideas have any chance to happen, or is it empty talk to please his base? [closed]

Biden has been talking about Supreme court reforms, such as adding term limits and ethics restraints. Some of them, like term limits, would almost certainly require a constitutional amendment. Other'...
4 votes
2 answers
259 views

Presumed Immunity and Unquestioned Motivations

I’ve been trying to understand the ramifications of the recent US Supreme Court ruling. As I understand it… Core Constitutional duties have absolute immunity Official acts have presumed immunity (...
36 votes
7 answers
11k views

Can the US president legally kill at will?

Following the ruling by SCOTUS in Trump v. United States (2024) that Presidents enjoy absolute immunity for their exclusive powers and presumptive immunity for their remaining official acts, I have ...
8 votes
4 answers
712 views

Supreme court case for disqualifying from rights

In a discussion I had recently about gun rights, someone brought up a United States Supreme Court case in which it was determined that an individual could become disqualified from particular rights. ...
2 votes
3 answers
870 views

Do originalist U.S. Supreme Court justices tend to be politically right-leaning?

Is there significant overlap between originalism and political conservatism?
-5 votes
1 answer
216 views

Can the U.S. government do anything to prevent Bytedance from taking it to the Supreme Court after the ban?

Tiktok's US subsidiary of the company Bytedance has decided to take the matter to the Supreme Court after the US government decided to ban it. Can the US government can do anything to prevent this, or ...
13 votes
3 answers
2k views

What would happen if a US circuit court consistently issued decisions contrary to recent Supreme Court precedent?

I'm imagining a US circuit court where the majority of judges were ideologically opposed to the present direction of the Supreme Court. What would happen if they begin to consistently issue rulings ...
-1 votes
1 answer
167 views

Is it possible to limit future Supreme Court justices to judges seated on the federal appellate bench without a constitutional amendment?

Some judges worried that random appointments could result in lower-quality Supreme Court justices. “(J)ust because someone is on the Court of Appeals does NOT mean they are SCOTUS material,” argued ...
0 votes
1 answer
92 views

If POTUS doesn't name a candidate to fill a SCOTUS vacancy, can the Senate fill the seat?

If the President doesn't name a candidate to fill a Supreme Court vacancy, can the Senate fill the seat, anyway? If Biden were to win re-election, the Republicans take the Senate, and a Supreme Court ...
15 votes
5 answers
4k views

Did SCOTUS have the authority to rule on McConnell's refusal to allow Obama to fill a SCOTUS vacancy?

In 2016, the death of Justice Scalia created an opening in the Supreme Court. Senate Majority Leader McConnell announced he would not grant a hearing for any candidate proposed by then-President Obama....
5 votes
2 answers
320 views

Does the US Supreme Court judgement preventing States from barring Trump in the ballot make any rulings on the 'insurrectionist' charges against him?

The Justices unanimously reversed a December 19 decision by Colorado's top court to kick Mr. Trump off the State's Republican primary ballot after finding that the U.S. Constitution's 14th Amendment ...
3 votes
1 answer
97 views

What exactly are the "stridencies" in the majority opinion on the Colorado ballot exclusion to which the two concurrencies refer? [closed]

In CNN's March 5, 2024 Retired federal judge blasts Supreme Court ruling: 'Stunning in its overreach' retired federal Judge J. Michael Luttig says the following (excerpted from YouTube auto-transcript ...
13 votes
5 answers
5k views

How did the Colorado Supreme Court justify extending Section 3 of 14th amendment to the presidency? How did the minority opinion argue against this?

The NYTimes' December 19/20, 2023 LIVE: Trump Ballot Ruling; Trump Is Disqualified From the 2024 Ballot, Colorado Supreme Court Rules includes the following: The Colorado court’s lengthy ruling ...
4 votes
1 answer
810 views

What's going on with the effort to disqualify Trump in 2023 under the Constitution, Article 14, Clause 3

Question: What's going on with the effort to disqualify Trump for 2024 under the Constitution. To recap: Two legal scholars from the very influential right wing Federalist Society came out with a 128 ...
24 votes
6 answers
6k views

Why didn't a conservative majority SCOTUS repeal Roe v. Wade before 2022?

I'm ignorant of the judicial branch, and I have a question, which I would like answered irrespective of the "pro-choice" or "pro-life" debate and focused on the workings of the ...

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